DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of Group I, Species B in the reply filed on 2/20/26 is acknowledged. The traversal is on the ground(s) that there is no burden and that the groups are properly examined together. This is not found persuasive because:
With respect to the restriction between Group I and Group III, the product does not require a center mounting fastener in a through hole of the mounting base, while the process does recite the step of disposing a center mounting fastener within a through hole. Thus the process for using the product as claimed can be practiced with a product having a through hole. (Examiner notes that the “not” in section 2 of the restriction requirement was a typographic error).
With respect to the restriction between Group I and III, applicant argues that the groups are linked by the presence of claims 14 and 20, requiring locating members and a center mounting nut. Examiner disagrees and notes that that the product as claimed can be used to practice a materially different process, such as one requiring placing a fastener head a retention cavity to prevent rotation.
With respect to the restriction between groups I and II, applicant argues that they overlap in scope. Examiner disagrees and notes that they have different design, with the invention of claim 8 requiring a retention cavity and a fastener with a head.
The inventions have different scope, recite different features which require different search strategies, and have different examination considerations (such as those between product and process). These factors are burdensome to the Examiner.
The requirement is still deemed proper and is therefore made FINAL.
Claims 8 - 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/20/26. Claims 1 - 7 remain for examination.
Withdrawn claims will be considered for rejoinder should they contain all of the limitations of an allowable claim.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: locating aperture, recess, and locating pin in claim 7.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 - 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vogel et al. (US 7,979,929 hereinafter Vogel).
Regarding claim 1, discloses a faucet assembly (10), comprising: an escutcheon (24) supported below a first handle (30), a second handle (34), and a spout (26); and a mounting base (18) removably coupled to the escutcheon (via 28), the mounting base including: a first locating member (80, 84, 90, 170, 116) extending below (fig. 4) the mounting base; a second locating member (82, 86, 92, 172, 118) extending below the mounting base (fig. 4) in spaced relation (fig. 2) to the first locating member; and a center mounting fastener (134, 132) supported by the mounting base and extending below the mounting base (fig. 3); wherein the first locating member, the second locating member, and the center mounting fastener are configured to be received (fig. 8) by respective mounting openings (14, 15, 16) defined by a mounting deck (12) during installation.
Regarding claim 2, Vogel discloses wherein the mounting fastener is positioned intermediate of the first locating member and the second locating member. See fig. 2, 132, 134 are located in the center of the assembly in between the first and second locating members.
Regarding claim 3, as shown in fig. 4, the first locating member is substantially aligned with the first handle and the second locating member is substantially aligned with the second locating member.
Regarding claim 4, Vogel discloses that the first locating member defines a first opening (170) to receive a first source pipe (66, 72) and the second locating member defines a second opening (172) to receive a second source pipe.
Regarding claim 5, Vogel shows all of the instant invention as discussed above, and further shows a waterway (20) received within the escutcheon and mounting base, and fluidly coupled to first and second valves (32, 36) each operable coupled to the first and second handles and the spout (see fig. 3), but Vogel is silent as to the water way being molded. However, the recitation of "molded" has been treated as a product by process limitation. As set forth in MPEP 2113, product by process claims are not limited to the manipulations of the recited steps, only to the structure implied by the steps. Thus, even though Vogel is silent as to the process used to form the waterway, the apparatus disclosed is the same as that claimed.
Regarding claim 6, as shown in figure 2, the waterway is an invented T-shape (defined by arms 42, 44 and stem 46).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 - 6 are rejected under 35 U.S.C. 103 as being unpatentable over Vogel.
Regarding claim 5, Vogel shows all of the instant invention as discussed above, and further shows a waterway (20) received within the escutcheon and mounting base, and fluidly coupled to first and second valves (32, 36) each operable coupled to the first and second handles and the spout (see fig. 3), but Vogel is silent as to the water way being molded. However, the recitation of "molded" has been treated as a product by process limitation. As set forth in MPEP 2113, product by process claims are not limited to the manipulations of the recited steps, only to the structure implied by the steps. Thus, even though Vogel is silent as to the process used to form the waterway, the apparatus disclosed is the same as that claimed. Accordingly, it would have been obvious to mold the waterway of Vogel since molding components is a common way of shaping plastics and other materials in faucets and faucet components.
Regarding claim 6, as shown in figure 2, the waterway is an invented T-shape (defined by arms 42, 44 and stem 46).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Vogel, as applied to claim 1, in view of Thomas (US 8,931,500).
Regarding claim 7, Vogel shows all of the instant invention as discussed above, but is silent as to the manner of attachment of the escutcheon to the base. Attention is turned to Thomas which teaches a similar faucet assembly having a mounting base (32) with at least one locating aperture (200) positioned in a sidewall thereof (note that the bottom wall is also a sidewall absent further definition), and at least one recess (202) defined within an escutcheon (30) corresponding to the locating aperture (see dotted lines in fig. 2), and at least one locating pin (198) configured to be received within the aperture and recess. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided matching apertures/recesses and pins in the device of Vogel so that the escutcheon can be firmly connected to the mounting base.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Vogel, as applied to claim 1, in view of Woolley (US 5,746,244).
Regarding claim 7, Vogel shows all of the instant invention as discussed above, but is silent as to the manner of attachment of the escutcheon to the base. Attention is turned to Woolley which teaches a similar faucet assembly having a mounting base (84) with at least one locating aperture (92) positioned in a sidewall thereof (note that the bottom wall is also a sidewall absent further definition), and at least one recess (65) defined within an escutcheon (14) corresponding to the locating aperture (see dotted lines in fig. 3), and at least one locating pin (94) configured to be received within the aperture and recess. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided matching apertures/recesses and pins in the device of Vogel so that the escutcheon can be firmly connected to the mounting base.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Johnson (US 4,356,574) shows a faucet having a mounting plate having a vertical oriented sidewall with a locating aperture (212) similar to that shown, but not claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN DEERY/Primary Examiner, Art Unit 3754
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